4 Diagnostic
cytology register
5 Clinical
genetics register
6 Current
qualifications
7 Equivalent
jurisdiction
8 Substantial
equivalence
9 Provisional
register
9.1 Courtesy register
10 English
language requirements
11 Good
character and reputation
Practice Permit
12 Renewal
requirements
12.1 Conditions
Continuing Competence
12.2 Continuing competence program
12.3 Review and evaluation
12.4 Actions to be taken
Alternative Complaint Resolution Process
13 Process
conductor
14 Agreement
15 Confidentiality
16 Leaving
the process
Reinstatement
17 Application
under Part 4 of Act
18 Review
of application
19 Review
of decision
20 Access
to decision
Titles
23 Use
of titles
Information
24 Requested
information
25 Section
119 information
Transitional Provisions, Repeals
and Coming into Force
26 Transitional
provisions
27 Repeal
28 Coming
into force
Definitions
1 In this Regulation,
(a) “Act”
means the Health Professions Act;
(b) “clinical
genetics register” means the clinical genetics register category of the
regulated members register;
(c) “College”
means the Alberta College of Medical Laboratory Technologists;
(d) “Competence
Committee” means the competence committee of the College;
(e) “Complaints
Director” means the complaints director of the College;
(f) “Council”
means the council of the College;
(g) “courtesy
register” means the courtesy register category of the regulated members
register;
(h) “diagnostic
cytology register” means the diagnostic cytology register category of the
regulated members register;
(i) “general
register” means the general register category of the regulated members
register;
(j) “provisional
register” means the provisional register category of the regulated members
register;
(k) “Registrar”
means the registrar of the College;
(l) “Registration
Committee” means the registration committee of the College;
(m) “registration year” means the period of time
between 2 successive dates established in the bylaws made under section 132 of
the Act by which a regulated member is required to apply for the renewal of a
practice permit.
AR 255/2001 s1;76/2007
Registers
Register categories
2 The regulated members register
established by the Council under section 33(1)(a) of the Act has the following
categories:
(a) general
register;
(b) diagnostic
cytology register;
(c) clinical
genetics register;
(d) provisional
register;
(e) courtesy register.
AR 255/2001 s2;76/2007
Registration
General register
3 An applicant for registration as a
regulated member on the general register must have obtained a diploma from a
program in medical laboratory science of at least 2 years’ duration or a degree
from a program, approved by the Council, and have successfully passed a
registration examination approved by the Council.
Diagnostic cytology
register
4 An applicant for registration as a
regulated member on the diagnostic cytology register must have obtained a
diploma from a program in medical laboratory science of at least 2 years’
duration or a degree from a program, approved by the Council, with a
specialization in diagnostic cytology and have successfully passed a
registration examination approved by the Council.
Clinical genetics
register
5 An applicant for registration as a
regulated member on the clinical genetics register must have obtained a diploma
from a program in medical laboratory science of at least 2 years’ duration or a
degree from a program, approved by the Council, with a specialization in
clinical genetics and have successfully passed a registration examination
approved by the Council.
Current
qualifications
6 An applicant for registration under
section 3, 4 or 5 must have met the requirements set out in that section within
4 years of the date that the Registrar receives a complete application or the
applicant must
(a) have
been employed for at least 900 hours in the practice of medical laboratory
technology in the 4 years immediately preceding the date the application is
received by the Registrar, or
(b) have
successfully completed a refresher education program approved by the Council
within 2 years of the date the complete application is received by the
Registrar.
Equivalent
jurisdiction
7 An applicant for registration
as a regulated member who is currently registered in good standing in another
jurisdiction recognized by the Council under section 28(2)(b) of the Act as
having substantially equivalent registration requirements may be registered on
the appropriate register.
AR 255/2001 s7;76/2007
Substantial
equivalence
8(1) An
applicant who does not meet the registration requirements under section 3, 4 or
5 but whose qualifications have been determined by the Registrar or
Registration Committee under section 28(2)(c) of the Act to be substantially
equivalent to the registration requirements under section 3, 4 or 5 may be registered
on the appropriate register, as determined by the Registrar or Registration
Committee.
(2) In determining whether an
applicant’s qualifications are substantially equivalent under subsection (1),
the Registrar or Registration Committee may require the applicant to undergo
examination, testing and assessment activities.
(3) For the determination under
subsection (2), the Registrar or Registration Committee may use the services of
experts and other resources to assist with the examination, testing and
assessment activities.
(4) The Registrar or Registration
Committee may direct the applicant to undergo any education or training
activities the Registrar or Registration Committee may consider necessary in
order for the applicant to be registered.
(5) The
Registrar or Registration Committee may request any further information and
evidence that the Registrar or Registration Committee considers necessary in
order to assess an application under this section.
AR 255/2001 s8;76/2007
Provisional register
9(1) An
applicant for registration as a regulated member may be registered on the
provisional register if the applicant has fulfilled the educational
requirements set out in section 3, 4 or 5 but has not completed the
registration examination approved by the Council or has written the
registration examination but has not yet received the examination results.
(2) The
applicant must successfully pass a registration examination approved by the
Council within one year of registration on the provisional register.
(3) A
registration on the provisional register expires after one year unless the
requirements of subsection (2) are met.
(4) If a regulated member registered on
the provisional register has successfully passed the registration examination
approved by the Council, the Registrar must remove the regulated member’s name
from the provisional register and enter it on the category of the regulated
members register that the Registrar or Registration Committee may determine to
be appropriate.
(5) A person whose registration on the
provisional register expires may apply to the Registrar or Registration
Committee for an extension not to exceed 3 months following the next scheduled
registration examination if that person provides evidence that he or she has
been accepted to write that next scheduled registration examination.
(6) A
person who is registered on the provisional register may practise only while
supervised, in a manner satisfactory to the Registrar or Registration
Committee, by a regulated member other than a regulated member registered on
the provisional register.
AR 255/2001 s9;76/2007
Courtesy register
9.1(1) A
medical laboratory technologist in good standing in another jurisdiction in
Canada who applies for registration in Alberta on a temporary basis for a
specified purpose approved by the Registrar may be registered on the courtesy
register if the applicant satisfies the Registrar of having competence to
provide the services related to the specified purpose.
(2) The registration of a person registered
on the courtesy register is valid for the term specified by the Registrar but
may not exceed one year.
(3) It
is a condition of registration on the courtesy register that the person must
remain registered in good standing in the jurisdiction in which the person was
registered at the time of the person’s application for registration on the
courtesy register and, if the registration in the other jurisdiction is
suspended or cancelled, the courtesy registration is cancelled.
AR 76/2007 s7
English language
requirements
10(1) In addition to the other registration
requirements in this Regulation, an applicant for registration as a regulated
member must be sufficiently proficient in the English language to be able to
provide professional services in English.
(2) An
applicant may be required by the Registrar to demonstrate proficiency in the
English language in accordance with the standards approved by the Council.
Good character and
reputation
11 Every applicant for
registration as a regulated member must provide written evidence satisfactory
to the Registrar of having good character and reputation by submitting one or
more of the following on the request of the Registrar:
(a) a
statement by the applicant as to whether the applicant is currently undergoing an
investigation or is subject to an unprofessional conduct process or has
previously been disciplined by another regulatory body responsible for the
regulation of medical laboratory technologists or of another profession that
provides a professional service;
(b) a
statement by the applicant as to whether the applicant has ever pleaded guilty
or has been found guilty of a criminal offence in Canada or an offence of a
similar nature in a jurisdiction outside Canada for which the applicant has not
been pardoned;
(c) any other relevant evidence as requested by
the Registrar.
AR 255/2001 s11;76/2007
Practice Permit
Renewal requirements
12 A regulated member applying for renewal
of the member’s practice permit must state whether the regulated member has
pleaded guilty or has been found guilty of a criminal offence in Canada or an
offence of a similar nature in a jurisdiction outside Canada since the member’s
last practice permit and provide evidence of having met the continuing
competence requirements set out in this Regulation, and must
(a) have
been employed in the practice of medical laboratory technology for 900 working
hours in the 4‑year period immediately preceding the application for
renewal,
(b) have
completed refresher education approved by the Council in the 2‑year
period immediately preceding the application for renewal, or
(c) have been granted a degree or diploma
described in section 3, 4 or 5 within the 4‑year period immediately
preceding the application for renewal.
AR 255/2001 s12;76/2007
Conditions
12.1 When issuing a practice permit, the
Registrar or Registration Committee may impose conditions, including, but not
limited to, the following:
(a) that
a regulated member practise only while conducting research or teaching at an
educational facility;
(b) that
a regulated member complete the continuing competence requirements within a
specified time;
(c) that
a regulated member complete examinations, testing, assessments, clinical
practicums or work experience;
(d) that
a regulated member practise under supervision;
(e) that
a regulated member’s practice be limited to areas or practice settings
specified by the Registrar;
(f) that
a regulated member use only those titles specified by the Registrar;
(g) that a regulated member is prohibited from
supervising students of the profession or regulated members of the College.
AR 76/2007 s10
Continuing Competence
Continuing competence
program
12.2 As part of the continuing competence
program, a regulated member must complete the following, on an annual basis, in
a form satisfactory to the Registrar:
(a) a
self‑assessment based on the competency profile developed by the College
indicating the areas where continuing competence activities are to be
undertaken by a regulated member in the next registration year;
(b) a
written learning plan that sets out the continuing competence goals of the
regulated member for the next registration year and the continuing competence
activities to be undertaken by the regulated member during that year to achieve
the continuing competence goals;
(c) a completed learning plan from the previous
registration year documenting the competence activities that were completed.
AR 76/2007 s10
Review and evaluation
12.3 The Registrar must periodically select
regulated members in accordance with criteria established by the Council for a
review and evaluation of all or part of a regulated member’s continuing
competence program.
AR 76/2007 s10
Actions to be taken
12.4 If the results of a review and evaluation
under section 12.3 are unsatisfactory, the Competence Committee may direct a
regulated member to undertake one or more of the following within a specified
period of time:
(a) to
complete specific competence program requirements;
(b) to
complete any additional learning activities required by the Competence
Committee;
(c) to
provide relevant information or evidence of continued learning and competence
as requested by the Competence Committee;
(d) to
submit to periodic review and evaluation;
(e) to report to the Competence Committee on
specified matters on specified dates.
AR 76/2007 s10
Alternative Complaint
Resolution Process
Process conductor
13 When a complainant and an investigated
person have agreed to enter into an alternative complaint resolution process,
the Complaints Director must appoint an individual to conduct the alternative
complaint resolution process.
Agreement
14 The person conducting the alternative
complaint resolution process must in consultation with the complainant and the
investigated person establish the procedures for and objectives of the
alternative complaint resolution process, which must be set out in writing and
signed by the complainant, the investigated person and the representative of
the College.
Confidentiality
15 The complainant and the
investigated person must, subject to sections 59 and 60 of the Act, agree to
treat all information shared during the process as confidential.
AR 255/2001 s15;76/2007
Leaving the process
16 The complainant or the
investigated person may withdraw from the alternative complaint resolution
process at any time.
AR 255/2001 s16;76/2007
Reinstatement
Application under Part
4 of Act
17(1) A
person whose registration and practice permit have been cancelled under Part 4
of the Act may apply in writing to the Registrar to have the registration and
practice permit reinstated.
(2) An application under subsection (1)
may be made
(a) not
earlier than 5 years from the date of cancellation, and
(b) not
more than once each calendar year after the refusal of an application under
section 18(3)(a).
(3) An
applicant under subsection (1) must provide evidence to the Registrar of
qualifications for registration.
AR 255/2001 s17;76/2007
Review of application
18(1) An
application under section 17 must be reviewed by the Registration Committee.
(2) When reviewing an application under
section 17, the Registration Committee must
(a) consider
the record of the hearing at which the applicant’s registration and practice
permit were cancelled, and
(b) consider
whether
(i) the applicant meets the current requirements for registration,
(ii) any conditions imposed at the time the applicant’s registration
and practice permit were cancelled have been met, and
(iii) the applicant is fit to practise medical laboratory technology and
does not pose a risk to public safety.
(3) The Registration Committee on
reviewing an application may make one or more of the following orders:
(a) an
order denying the application;
(b) an
order directing the Registrar to reinstate the person’s registration and to
reissue the practice permit;
(c) an order directing the Registrar to impose
specified conditions on the person’s practice permit.
AR 255/2001 s18;76/2007
Review of decision
19(1) An
applicant whose application is denied or on whose practice permit conditions
have been imposed under section 18 may apply to the Council for a review of the
decision of the Registration Committee.
(2) Sections
31 and 32 of the Act apply to a review under subsection (1).
AR 255/2001 s19;76/2007
Access to decision
20(1) The
Registration Committee, under section 18, and the Council, under section 19,
may order that its decision be publicized in a manner it considers appropriate.
(2) The
College must make a decision under section 18 or 19 available for 5 years to the
public on request.
AR 255/2001 s20;76/2007
21, 22 Repealed AR 76/2007 s13.
Titles
Use of titles
23 A regulated member may, in the regulated
member’s practice of medical laboratory technology, use the words “registered”
and “regulated” and may use any of the following titles, abbreviations and
initials:
(a) medical
laboratory technologist;
(b) registered
medical laboratory technologist;
(c) M.L.T.
AR 255/2001 s23;76/2007
Information
Requested information
24(1) A regulated member must provide the following
information on the initial application for registration, when there are any
changes to the information, an application for a practice permit and on request
of the Registrar:
(a) the
regulated member’s place of employment, the employer’s address and phone number
and the name of the regional health authority where the employment is located;
(b) the
number of working hours the regulated member has been employed in the practice
of medical laboratory technology in the preceding 4 years;
(c) the
educational history, including the name of the institution from which the
regulated member graduated, the year of graduation and the language of
instruction;
(d) the
year of completion of the registration examination, the level of certification
and subject areas;
(e) the
regulated member’s date of birth, mailing address and home and work phone
numbers.
(2) Subject
to section 34(1) of the Act, the College may release the information collected
under subsection (1)
(a) with
the consent of the regulated member whose information it is, or
(b) in a summarized or statistical form so that
it is not possible to relate the information to any particular identifiable
person.
AR 255/2001 s24;76/2007
Section 119
information
25 The periods of time during which the
Council is required to provide information under section 119(4) of the Act to a
member of the public are as follows:
(a) information
referred to in section 33(3) of the Act entered in a register for a regulated
member, except for the information referred to in section 33(3)(h) of the Act,
while the named regulated member is registered as a member of the College;
(b) information
referred to in section 119(1) of the Act respecting
(i) the suspension of a regulated member’s practice permit, while the
suspension is in effect,
(ii) the cancellation of a regulated member’s permit, for 5 years
after the cancellation,
(iii) the conditions imposed on a regulated member’s practice permit,
while the conditions are in effect,
(iv) the directions made that a regulated member cease providing
professional services, while the directions are in effect, and
(v) the imposition of a reprimand or fine under Part 4 of the Act,
for 5 years after the imposition of the reprimand or fine;
(c) information
as to whether a hearing is scheduled to be held under Part 4 of the Act with
respect to a named regulated member, until the hearing is concluded;
(d) information
respecting
(i) whether a hearing has been held under Part 4 of the Act with
respect to a named regulated member, for 5 years from the date the hearing is
concluded, and
(ii) a decision and a record of the hearing
referred to in section 85(3) of the Act of a hearing held under Part 4 of the
Act, for 5 years after the date the hearing tribunal of the College rendered
its decision.
AR 255/2001 s25;76/2007
Transitional Provisions,
Repeals
and Coming into Force
Transitional provisions
26 On the coming into force of this
Regulation,
(a) a
registered member described in section 6 of Schedule 11 of the Act is deemed to
be registered on the regulated member register in the register category that
the Registrar considers appropriate, and
(b) a
temporary registered member described in section 6 of Schedule 11 of the Act is
deemed to be registered on the regulated member register in the temporary
register category.
Repeal
27 The Medical
Laboratory Technologists Regulation (AR 49/93) is repealed.
Coming into force
28 This Regulation comes into force on the
coming into force of Schedule 11 of the Health
Professions Act.